1814772 (Refugee)

This matter concerned an application for a protection visa by the first applicant and her daughter, the second applicant. The dispute centred on whether the first applicant had a well-founded fear of persecution if returned to Malaysia due to her membership in a particular social group, specifically women in Malaysia subjected to domestic violence. The case was heard by the Hon Shane Marshall AM.

The court was required to determine if there was a real chance that the first applicant would face serious harm in Malaysia in the reasonably foreseeable future by reason of her membership of the particular social group. This involved assessing the credibility of her claims regarding past domestic violence, ongoing threats from her former partner, the lack of effective protection from Malaysian authorities, and the potential for her daughter to be trafficked. The court also considered the impact of her ethnicity and religion on her vulnerability.

The court concluded that the matter should be remitted for reconsideration. It found that the first applicant had provided compelling evidence of extreme domestic violence, including credible threats of her daughter being trafficked, and that Malaysian police had failed to take action on her reports. The court noted that country information indicated domestic violence was a significant problem in Malaysia, with deficiencies in police and judicial training, and that the first applicant's minority ethnicity and religion likely exacerbated the lack of official interest in her situation. The ongoing threats from her former partner, coupled with the loss of her family support network due to the pandemic, meant that relocation within Malaysia offered little prospect of amelioration.

The court ordered that the decision under review be remitted for reconsideration.